The proponent is seeking planning approval for a 20 megawatt
photovoltaic (PV) solar power generating facility within the Emu Downs
property, located on Lot 3842 Bibby Road, Badgingarra. The application is
required to be determined by the Regional Development Assessments Panel
(Wheatbelt JDAP).

BACKGROUND

APA Group (APAG) is the current owner of the Emu Downs Wind Farm
facility (EDWF) in the Shire of Dandaragan (the Shire) located on Bibby Road,
Badgingarra. The Emu Downs entity is zoned ¡¥Rural¡¦ under the Shires Local
Planning Scheme No. 7 (LPS7) and comprises 3 farms, being Myara West, Myara
East (either side of Yeeramullah Road south of the intersection with Bibby
Road) and Emu Downs abutting Myara East to its East. The total area of the 3
lots is 5221.44 hectares.

Portions of the Emu Downs Holdings are currently leased for
the Emu Downs Wind Farm facility comprising wind turbines which are distributed
across the property. Photovoltaic Array Component

The proponent wishes to develop a PV solar farm on a portion
of the subject lot, to be located in the north east corner, having an approximate
area of 60 hectares allocated to the solar PV facility. An additional 10
hectares has been allocated for construction activity such as lay down areas
etc.

The major component will be the installation of sufficient
solar panels to generate approximately 20MW of power through the use of twin
blocks of solar panels, each equivalent to around 10MW. The solar panels are to
be arranged in rows occupying an area of around 700 to 750 metres in width and
700 to 800 metres in length, covering approximately 50-60 hectares in total.

The applicant proposes to install a fixed tilt type solar
panel structure, although a single or dual access tracking type could still be
contemplated as a result of the Engineering, Procurement and Construct (EPC)
contract (for the purpose of this application, there is no difference between
the two alternatives) with all cabling intended to be underground.

A number of small enclosed collector stations will be
provided, housing inverters and switchgear to convert the power from DC to AC.
It will then be stepped up via transformers to a site reticulation voltage of
22kV (the same as the existing EDWF). An amenities building is also provided to
contain the user interface for the Supervisory Control & Data Acquisition
(SCADA) system, the digital monitoring and maintenance system for the facility.
The existing EDWF amenities building will be utilised for ongoing operations
and maintenance staff.

A minimum of three metrological stations containing
specified measurement instruments, data logging equipment and communications
equipment will be established within the PV array.

Note: The Solar Farm facilities will be significantly
smaller than the existing wind farm amenity and stores buildings

A service access road will be constructed and the whole
facility enclosed in a perimeter fence which will be setback a minimum of 20m
from the nearest property boundary with the actual PV facility setback a
further 5m.

Distribution Components

The proposed solar power facility will make use of and
connect into the existing transmission connection substation infrastructure already
established to service the existing EDWF. The only new distribution
infrastructure required is a new 22kV underground connection from the actual PV
array and Balance of System (BOS) itself to the existing wind farm substation
approximately 4km to the west. The new 22kV underground cable will be
constructed by APA and run from the PV facility through an existing cleared access laneway between the Poison north and
Middle Bush blocks, then across open farmland to the existing substation, to minimise
the impact upon general farming operations and future access.

Power supplies will be converted for transmission via the
wider network through the existing 132kV powerlines currently connected to the
existing substation, requiring a small switchyard upgrade and installation of
two extra banks of switchgear and protections systems, accommodated within the
existing substation site. The trenching for the 22kV underground cables will
also be used to provide low voltage power to the PV site as well as redundant
fibre optic cabling for communications purposes (SCADA) which can be seen in
the attachments.

Construction

It is expected that the PV facility will take between 6 to 9
months to construct and employ up to 150 people during its construction peak
with the requirement to provide a temporary construction compound incorporating
all office, messing, toilet and washing facilities considered necessary to
facilitate the works.

The project will necessitate in the order of 350 truck
movements to the site with the majority comprising standard freight containers.
There will not be any requirement for oversized vehicles requiring escort
vehicles or special route modifications.

Transportable buildings and storage containers for
construction purposes will be delivered prior to construction and removed upon completion.

A Traffic Feasibility Study and Delivery Method Statement
will be completed by the proponent to confirm proposed transport routes along
which the majority of traffic from Fremantle port will travel.

The subject land is currently zoned “Rural” under the Shire’s
Local Planning Scheme No. 7 (LPS7). The adjoining land uses are also zoned “Rural”
with the exception of the adjacent lot to the east,

Badgingarra National Park, which is reserved for “Conservation”
purposes.

The proposed PV solar power facility is a use not listed
under the LPS7 Zoning Table. As a use not listed, in accordance with Clause 4.4.2
of the Scheme, Council is to either:

a) Determine that the use is consistent with the objectives
of the particular zone and is therefore permitted;

b) Determine that the use may be consistent with the
objectives of the particular zone and thereafter follow the advertising procedures
of clause 9.4 in considering an application for planning approval; or

c) Determine that the use is not consistent with the
objectives of the particular zone and is therefore not permitted;

When considering an application in accordance with Clause
4.4.2 of the Scheme, the Shire is to have due regard to the relevant matters
stated under Clause 10.2 of the Scheme. They are as follows:

a) The aims and provisions of the Scheme and any other relevant
local planning schemes operating within the Scheme area;

e) Any relevant policy or strategy of the Commission and any
relevant policy adopted by the Government of the State;

f) Any Local Planning Policy adopted by the local government
under clause 2.4, any heritage policy statement for a designated heritage area
adopted under clause 7.2.2, and any other plan or guideline adopted by the
local government under the Scheme;

i) The compatibility of a use or development within its
setting;

l) The likely effect of the proposal on the natural
environment and any means that are proposed to protect or to mitigate impacts
on the natural environment;

n) The preservation of the amenity of the locality;

o) The relationship of the proposal to development on
adjoining land or on other land in the locality including but not limited to,
the likely effect of the height, bulk, scale, orientation and appearance of the
proposal;

p) Whether the proposed means of access to and egress from the
site are adequate and whether adequate provision has been made for the loading,
unloading, manoeuvring and parking of vehicles;

q) The amount of traffic likely to be generated by the
proposal, particularly in relation to the capacity of the road system in the
locality and the probable effect on a traffic flow and safety;

y) Any relevant submissions received on the application;

z) The comments or submissions received from any authority consulted
under clause 10.1.1.

The aims and provisions of the Scheme for the subject lot
address the objective of the Rural zone as follows:

“to provide for a
range of rural activities such as broadacre and diversified farming so as to
retain the rural character and amenity of the locality, in such a way as to
prevent land degradation and further loss of biodiversity”.

As solar farms are a relatively new development venture in Western
Australia, no state or local policy has been developed onthis issue, therefore,
references shall be extracted from the Western Australian Planning
Commission¡¦s (WAPC) Planning Bulletin No 67- Guidelines for Wind Farm
Development, as suggested through correspondence from a Department of Planning
(DoP) Officer, which suggests:

“Rural, non-rural and
similar zones, local governments should consider wind farm proposals under the
provisions of Clause 4.4.2(b) of the Model Scheme text”. (Which is the same
as clause 4.4.2(b) of the Dandaragan Scheme quoted above).

The Shire’s Local Planning Strategy (Strategy) is the only
relevant plan for such a proposal which supports the development as stated in
Objective 4 of section 7.4.2.1 of the Strategy:

“Support appropriate
non-rural uses where they are compatible with adjoining and nearby rural uses,
environmental attributes and landscape to complement the primary productive use
of the land where a site contains remnant vegetation and other environmental
features or lacks realistic potential for agricultural use the Council will
consider the proposed non-rural uses as the predominant use on its merits”.

Objective 3 under the Strategy for “Rural” zones states:

“Required proposals for
non-agricultural uses to be supported and justified by an agricultural impact
assessment unless otherwise varied by the Council”.

Under the Strategy, Council may refuse an application for
planning consent where in its opinion the proposed development will:

1. Adversely affect the rural landscape;

2. Adversely impact upon the agricultural use of the land
and adjoining/nearby areas;

3. Cause detrimental environmental impacts;

4. Result in unacceptable fire management risk;

5. Place unacceptable servicing requirements which have not been
appropriately addressed by the applicant;

6. Result in impacts which cannot be adequately contained on
the application site; and

7. In the opinion of the Council will result in an
undesirable planning outcome and will be contrary to the orderly and proper planning
of the locality.

It is considered that the solar farm will not affect the
rural landscape or its agricultural pursuit, as it is comparatively a small portion
of the rural lot to be utilised for the project.

The surrounding area is utilised by the existing Emu Downs
Wind Farm and borders the Badgingarra National Park. As there is little disturbance
to the land, as much of it has been cleared through historic farming practices,
the compatibility of the development is considered suitable with the
surrounding land uses.

The topography of the proposed site for the PV facility
slopes from a high point at Bibby Road, downwards to the South, in conjunction
with the surrounding native bush, the facility will be significantly screened,
reducing the visual impact both generically and specifically from Bibby Road.
The PV panels are designed and engineered to collect and absorb sunlight and
not to reflect it, alleviating the concern Shire Officers had with glare and
reflection for passing traffic. Generally solar panels reflect in the order of
4% of incoming light compared to vehicle windows which reflect around 8% of
incoming light, therefore will not introduce any additional risk at ground
level to Bibby Road or air traffic in the vicinity.

The preservation of the amenity of the locality will be
maintained due to the sloping land from Bibby Road as well as the vegetation maintained
in the road reserve by screening the development from the road.

The proposed means of access and egress have been
established and are considered suitably located. Adequate storage space has also
been proposed as depicted in the diagram within the attachments.

There will be no substantial generation in additional
traffic from constant vehicles to the site over the period of construction.

There is no foreseen issues regarding traffic although it is
recommended the proponent liaise with the local school bus service to ensure no
disruptions are encountered.

A number of submissions have been received from various Responsible
Authorities indicating their position on the proposed solar facility. The
submissions can be seen in the Schedule of Submissions within the attachments.
If Councillors wish to view the full submission, it will be made available upon
request.

The proposal is to fill the gap experienced by the EDWF in
its offpeak energy output periods during the day when the wind speeds drop (a
deficit of about 20kV to 30kV). The agreement for use of the land requires
rehabilitation of the site upon cessation of the use. Given the timeframe for
the facility of 25-30 years and likely advances in rehabilitation and
refurbishment techniques during that period, it is anticipated a rehabilitation
plan will be submitted to the Shire for approval prior to the cessation of the
facility.

Given the above information, it is the Planning Officers recommendation
that Council grant approval imposing the conditions stated in the
recommendation to be presented to the Joint Wheatbelt Development Assessment
Panel for this application.

CONSULTATION

·APA Group (Adam Pegg, Shane Cremin);

·Department of Planning;

·Environmental Protection Authority;

·Air Services Australia;

·Civil Aviation Safety Authority;

·Department of Agriculture and Food;

·Department of Defence;

·Department of Environment and Conservation;

·Department of Regional Development and Lands;

·Department of Fire and Emergency Services;

·Main Roads Western Australia;

·Royal Australian Air Force Combat Support Unit;

·Western Power;

·Wheatbelt Development Commission;

·Department of Mines and Petroleum;

·Landgate;

·Community Consultation; and

·Shire Officers.

Amended plans received on the 14 June 2013 show a reduced site
footprint due to improved technology of the solar collectors chosen. The
original plans showed 57.6 ha whereas the amended plans show 41 ha. It was not
considered necessary to readvertise the amended plans as they reduce the scale
and any potential impact of the development.

The applicant has paid a sum of $38,505 with $6,320
allocated to the Development Assessment Panel.

STRATEGIC IMPLICATIONS

·Shire of Dandaragan Local Planning Strategy ¡V
Rural Land Use and Rural Settlement.

ATTACHMENTS.

Circulated with the agenda are the following items relevant
to this report:

·Preliminary Site Development Plan (Doc Id:
13633)

·Detail (Doc Id: 13741)

·Access (Doc Id: 13741)

·Construction Facility (Doc Id: 13741)

·Schedule of Submissions (Doc Id: 14521)

·Amended plans dated 14 June 2013 (Doc Id: 14520)
(Marked 9.4.5)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council indicate to the Wheatbelt JDAP that they support
the planning application for a proposed 20MW Solar Photovoltaic Facility at Emu
Downs Wind farm on Lot 3842 Bibby Road, Badgingarra and recommend the
following:

The JDAP determine that the use is consistent with the objectives
of the ¡§Rural¡¨ zone and is therefore permitted under section 4.4.2 of the
Shire¡¦s Local Planning Scheme No. 7 under the following conditions:

1. All development shall accord with the Development Application
Report prepared by Masterplan Consultants dated March 2013 (Version 4) and
subject to any modifications required as a consequence of any condition(s) of
this approval.;

2. The development plans, as dated 14 June 2013 (amended plans)
together with any requirements and annotations detailed thereon, are the plans
approved as part of this application and shall form part of the planning
approval issued.

3. The endorsed plans shall not be modified or altered without
the prior written approval of the Wheatbelt JDAP in accordance with Regulation
17 of the Planning and Development (Development Assessment Panels) Regulations
2011

4. The use and development must be commenced within 3 years
of the date of this approval and completed within 5 years of commencement;

5. Access and egress to the subject site from Bibby Road and
any road works shall be located and constructed to the satisfaction of the
Executive Manager Infrastructure / Major Projects and include all necessary
drainage and signage. Costs applicable to the construction of the access
point/s onto the site and any related issues shall be borne by the proponent;

6. The intersection of the proposed access way and Bibby
Road be upgraded at the landowner/applicant¡¦s cost to the specifications of
Main Roads WA (MRWA). Engineering drawings and specifications are to be submitted
to MRWA for approval prior to construction;

7. Any pavement on the site must be capable of accepting all
anticipated loadings (including access ways and parking areas). The Shire will
not accept any responsibility for subsequent failure of any pavement;

8. A Traffic Feasibility Study and Delivery Method Statement
to be completed by the applicant and submitted to the Shire to confirm proposed
transport routes along which the majority of traffic from relevant ports and
local manufacturers will travel. A road condition survey is to form part of
this and any maintenance work required to public roads as a result of transport
activity is to be undertaken by the project contractor to the satisfaction of the
Shire of Dandaragan Executive Manager Infrastructure / Major Projects;

9. The use and development must be conducted so that it has
minimum impact on the amenity of the area by reason of :

·Transportation of materials, goods and
commodities to and from the premises;

10. The proposed solar panels must meet all relevant Australian
Standards for construction and reflection to minimise any glare impacts;

11. An interpretive information panel is to be provided at
the existing Emu Downs Wind Farm tourist information bay;

12. An Environmental Management Plan for the management and
operation of the use and development must be submitted to and approved by the
Responsible Authority(s). Three (3) copies must be provided. When approved, the
plan will be endorsed and will form part of this approval. The Environmental Management Plan must address
the following:

·Site maintenance and weed and pest management;

·Construction management;

·Soil, water and flood management;

·Fire management;

·Traffic management;

·Procedures to ensure that no significant adverse
environmental impacts occur as a result of the use and development.

13. The temporary construction compound is to be removed at
the end of the construction period and the area to be returned back to its
original condition (grassed paddock).

14. A plan outlining the Decommissioning and Rehabilitation of
the site will be required at least 2 years prior to the cession of the 25 to 30
year timeframe of the facility. It is to be submitted and endorsed by the
Responsible Authority(s). Amendments may be submitted if further developments
advance.

15. Within 2 years of the facility being decommissioned, all
infrastructure on the site must be removed and the site restored to its
original condition to the satisfaction of the Responsible Authority(s) unless
otherwise agreed in writing by the Shire of Dandaragan Chief Executive Officer;
and

16. Shire of Dandaragan is to be advised of completion of
the solar facility.

Advice:

·The proponent is to liaise with the local school
bus operator to ensure these runs are not disturbed due to increased volumes of
traffic.

·The installation of the sewage facility for the
construction facility shall be installed in accordance with the Health (Treatment
of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

·Storage tanks should be fitted with BFB coupling
or a standpipe installed to allow for fast filling.

·Bulk water supply for fire suppression be made
available to all Emergency Services within the Shire. Building Protection zones
and Firebreaks will have to be adhered to.